Mealey's Litigation Procedure - Magistrate Judge Finds Disclosure Of Opinion Letter Warrants Limited Waiver

MIAMI - A federal magistrate judge in Florida on June 13 held that an insurance company's disclosure of a cover letter written by its attorney about the settlement value of a workers' compensation suit to a defendant insurance company who represented the worker warranted a limited waiver of privilege...

Mealey's Litigation Procedure - Iowa Supreme Court Revives Class Suit Over Corn Milling Pollution

DES MOINES, Iowa - The Iowa Supreme Court on June 13 reversed summary judgment for a corn milling company in a class complaint filed by people who own land near the mill and allege that they are unable to fully enjoy their property because of pollutants and odors from the mill (Laurie Freeman, et al...

Mealey's Litigation Procedure - Russian Energy Firm And Naftogaz Of Ukraine File Arbitrations In Stockholm

STOCKHOLM, Sweden - A Russian energy company and Ukraine's oil and gas company each announced June 16 that they have commenced international arbitration proceedings in Sweden, seeking billions of dollars in relation to the sale and purchase of natural gas.

Mealey's Litigation Procedure - Magistrate Judge Finds Honeywell Did Not Place Privileged Material At Issue

DETROIT - A federal magistrate judge in Michigan on June 12 ruled that Honeywell International Inc. did not waive privilege over protected communications regarding collective bargaining agreements (CBAs) it negotiated with plaintiff groups in 2003, 2007 and 2011 because the company does not intend to...

Mealey's Litigation Procedure - Nevada Federal Judge Partially Dismisses Wage Suit, Certifies Class

LAS VEGAS - A Nevada federal judge on June 17 partially dismissed a wage-and-hour complaint filed against a Las Vegas casino, finding that three of the claims lacked a private right of action and, in the same order, conditionally certified a class of workers to proceed with the remaining claims (Nicole...

Mealey's Litigation Procedure - Judge Finds Defendants Did Not Waive Privilege When Computer Was Seized

SEATTLE - Defendants in a fraud suit did not waive the attorney-client privilege over documents located on a computer that was seized by a sheriff's department and later purchased at auction by plaintiffs' counsel, a federal judge in Washington ruled June 13, explaining that courts are less likely...

Mealey's Litigation Procedure - California Federal Judge Denies Certification To 3 Consumer Classes Suing ConAgra

SAN FRANCISCO - A California federal judge on June 13 declined to certify three classes of consumers, who are suing ConAgra Foods Inc. over allegedly deceptive and misleading labels, finding that each of the classes failed to meet several requirements of Federal Rule of Civil Procedure 23 (Levi Jones...

Mealey's Litigation Procedure - D.C. Government To Pay $855,000 To Settle Seized Cash Class Suit

WASHINGTON, D.C. - The District of Columbia will pay $855,000 to settle a federal class complaint accusing the government of sizing and forfeiting cash from people without providing proper notice (Anthony Hardy, et al. v. District of Columbia, No. 09-1062, D. D.C.; 2014 U.S. Dist. LEXIS 84004).

Mealey's Litigation Procedure - 8th Circuit: NFL Players May Reopen Salary Cap Claims

ST. LOUIS - The Eighth Circuit U.S. Court of Appeals on June 20 ruled that the association and law firms representing National Football League (NFL) players may seek relief from a stipulation of dismissal in a lawsuit alleging unlawful salary caps under Federal Rule of Civil Procedure 60(b) based on...

Mealey's Litigation Procedure - Illinois Federal Judge Agrees To Increase Attorney Fees In Airline Voucher Suit

CHICAGO - An Illinois federal judge on June 20 agreed to increase by more than $300,000 the attorney fee award for the plaintiffs in the settlement of a class suit over an airline's decision to no longer honor its drink coupons (In re: Southwest Airlines Voucher Litigation, No. 11-8176, N.D. Ill...

Mealey's Litigation Procedure - New York Federal Judge: Prior Suit Does Not Bar Current TCPA Class Complaint

NEW YORK - The dismissal of a prior suit in a different court filed by the same lead plaintiff against the same defendants regarding the same phone call that allegedly violated the Telephone Consumer Protection Act (TCPA) does not bar the present suit from proceeding, a New York federal judge ruled June...

Mealey's Litigation Procedure - Federal Judge Confirms $999,450 Swiss EpiFlu Award For Foundation

WASHINGTON, D.C. - A District of Columbia federal judge on June 23 granted a Swiss academic foundation's petition to confirm a $999,450 arbitration that was issued in its favor and against Global Initiative on Sharing Avian Influenza Data (GISAID), finding no basis for not enforcing the award (Swiss...

Mealey's Litigation Procedure - Federal Judge Vacates Confirmation Of Awards Against Iraqi Ministry

HOUSTON - After finding that a shipping company failed to comply with the Foreign Sovereign Immunities Act (FSIA), a Texas federal judge on June 19 granted a motion to vacate arbitration awards filed by the Ministry of Trade of the Republic of Iraq (Reynolds Shipping USA LLC v. Ministry of Trade of the...

Mealey's Litigation Procedure - Missouri Federal Judge: Defendants May Not Remove Case Based On Counterclaims

ST. LOUIS - The defendants in a state breach of contract case who filed class counterclaims may not, on that basis, remove the case to federal court pursuant to the Class Action Fairness Act (CAFA), a Missouri federal judge ruled June 20 (Riceland Foods, Inc. v. Gray, Ritter & Graham, P.C., No. 14...

Mealey's Litigation Procedure - 9th Circuit Reverses Ruling Denying Retailer's Motion For Arbitration

PASADENA, Calif. - An employee suing her employer for various wage violations must arbitrate her individual claims, the Ninth Circuit U.S. Court of Appeals ruled June 23, reversing a trial court's decision finding that changes to the employee arbitration policy barring most class action lawsuits...

Mealey's Litigation Procedure - Colorado Federal Judge Denies Certification To Robocalls Class

DENVER - A Colorado federal judge on June 27 denied certification of a class of people who allegedly received "robocalls" from DISH Network LLC, finding that the lead plaintiff's amended class definition was overbroad and failed to address concerns already raised by the judge (Seth Warnick...

Mealey's Litigation Procedure - 2nd Circuit: Judge Correctly Denied Motion To Quash Subpoena On Investment Firm

NEW YORK - A Second Circuit U.S. Court of Appeals panel on June 27 affirmed a trial court judge's denial of a motion to quash a discovery subpoena served on an investment firm in an underlying legal malpractice suit, holding that the attorney-client privilege argument did not extend to non-attorneys...

Mealey's Litigation Procedure - New Jersey Federal Judge: Skinnygirl Margarita Class Is Not Ascertainable

CAMDEN, N.J. - A New Jersey federal judge on June 27 denied certification to a class of consumers suing the makers of Skinnygirl Margarita for failing to live up to its claims of being an "all natural," low-calorie, premixed alcoholic beverage (Maureen Stewart, et al. v. Beam Global Spirits...

Mealey's Litigation Procedure - 8th Circuit Affirms Dismissal Of Relator's False Claims Act Claims Against Utility

ST. LOUIS - An Eighth Circuit U.S. Court of Appeals panel on June 27 held that the public disclosure of "substantially the same claims" brought by a relator against a power company precluded his False Claims Act (FCA) claims, affirming a lower court's dismissal of those claims and finding...

Mealey's Litigation Procedure - 5th Circuit Finds Judge Erred In Refusing To Compel Arbitration

NEW ORLEANS - After finding that an international arbitration agreement existed between various oil and drilling entities and a Norway company, a federal appeals court on July 2 reversed a decision denying a motion to compel arbitration and remanded the case for review of whether the action should be...

Mealey's Litigation Procedure - Russian Court Awards Energy Firm $118 Million In Dispute With Kyrgyzstan

TORONTO - Stans Energy Corp. on July 2 announced that a Russian arbitration court has awarded it $118 million in an investment treaty dispute with the Republic of Kyrgyzstan.

Mealey's Litigation Procedure - Florida Appeals Court: An Insurer's Claim File Is Generally Not Discoverable

DAYTONA BEACH, Fla. - Quashing a trial court's order compelling a homeowners insurance provider to produce part of its claim file in a sinkhole coverage dispute, a Florida appellate panel on July 3 held that the general rule in Florida is that insurers' claim files are protected by the work product...

Mealey's Litigation Procedure - PCA Issues Award In Boundary Dispute Between Bangladesh, India

THE HAGUE, Netherlands - In a majority decision, the Permanent Court of Arbitration (PCA) on July 8 announced that it had issued an award, ruling on land and maritime boundaries between Bangladesh and the Republic of India (Bay of Bengal Maritime Boundary Arbitration between Bangladesh and India [Bangladesh...

Mealey's Litigation Procedure - Alabama Retailer To Pay Customers For Printing Card Numbers On Receipts

BIRMINGHAM, Ala. - An Alabama federal judge on July 3 granted final approval of a settlement that will provide awards of $80 to $1,000 to consumers who had more than five digits of their credit and debit card numbers printed on receipts from an Alabama retailer and who file a claim (Patrick Amason, et...

Mealey's Litigation Procedure - Texas Supreme Court Rules Spoliation Evidence Should Not Be Presented To Jury

AUSTIN, Texas - Taking the opportunity presented by the erasing of video surveillance footage evidence in a slip-and-fall premises liability case, a Texas Supreme Court majority on July 3 "enunciate[d] with greater clarity" a two-step judicial process regarding "the parameters of a trial...